In some cases, it might be. Federal law only lets nursing home facilities evict residents under any one of the following circumstances:
- The nursing home is closing.
- The resident doesn't pay.
- The resident no longer requires the services the nursing home provides.
- The nursing home facility can't meet the resident's needs.
- The resident endangers the safety of others in the nursing home.
- The resident jeopardizes the health of others at the nursing facility.
Even if a resident meets one of the aforementioned criteria for involuntary discharge, the nursing home must follow appropriate procedures for the eviction to be legal. Unfortunately, nursing facility administrators may bend—or even break—the rules in order to get rid of residents they consider undesirable.
Residents targeted for eviction often include those who:
- Require more care.
- Show signs of dementia-related aggression.
- Have relatives who complain about the treatment provided at the nursing facility.
- Are on Medicaid—especially if they've recently made the switch from private insurance.
Medicaid pays for nursing home services at a lower rate than other types of insurance. Unscrupulous facility administrators may wrongful evict Medicaid residents so they can bring in residents with higher-paying private insurance or short-term Medicare rehabilitative coverage.
Unlawful nursing home evictions are unsafe and traumatic for vulnerable residents and their families. In some instances, discharged residents were left at family members' houses without warning or even worse, dropped off at homeless shelters or in hospital waiting rooms.
If you or a loved one believes you're the victim of a wrongful nursing home eviction, and you suffered injuries and/or other losses as a result, it's important to speak to a Georgia personal injury attorney about your legal rights and options as soon as possible. You may be entitled to compensation.
Schedule a Consultation With an Experienced Attorney
Contact Van Sant Law today to schedule an appointment for a free initial case consultation. Don't wait: the sooner you involve an attorney in your nursing home abuse or wrongful discharge claim, the better!